Flying J, Inc. v. Booth

URBIGKIT, Justice.

This vendor-creditor suit by Flying J, Inc., appellant, pursued an assigned written guaranty executed by Elvin L. and Jacqueline Booth, appellees, in favor of assignor, Husky Oil Company (Husky). 1 Cross motions for summary judgment were filed. The district court granted the appel-lees’ motion finding the instrument to be a non-assignable “special guaranty” precluding present enforcement as a matter of law.

Appellant presents as issues:

1. Does the Appellant, as successor in interest to the original holder of the guaranty at issue, have the legal right to enforce the guaranty.

2…